Insitelaw Discussion

DNA Retention

RonBarker — Thur, 04 Dec 2008 14:02:05 GMT

"In conclusion, the Court found that the blanket and indiscriminate nature of the powers of retention of the fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences, as applied in the case of the present applicants, failed to strike a fair balance between the competing public and private interests, and that the respondent State had overstepped any acceptable margin of appreciation in this regard. Accordingly, the retention in question constituted a disproportionate interference with the applicants right to respect for private life and could not be regarded as necessary in a democratic society. The Court concluded unanimously that there had been a violation of Article 8 in this case."

Two British men should not have had their DNA and fingerprints retained by police, the European Court of Human Rights has ruled. BBC News Read

Help! Re: Court System in England and Wales

kaffee — Wed, 26 Nov 2008 11:05:38 GMT

I'm trying to grasp how does the court system in England and wales work. Yeah I know the criminal court structure is formed by the magistrate courts, the crown court, and the criminal division of COA, and the civil court structure comprises of the county courts, the high court and civil division of COA, and there is the HOL/ Supreme Court as the highest appellate court etc etc.

But I'm particularly confused about stuffs regarding the court circuits. Like, when were the circuits established and by what statute/ authoritative provisions? And, what are the circuits for? To demarcate the area of responsibilities for each high court judge when he goes 'on circuit' periodically and for circuit judges as well? What does the presiding judge for the circuit do? What is the relationship between the circuits and crown court centres/ high court district registries? I've tried googling and googling but couldnt find anything coherent.

Can somebody help explain, or direct me to perhaps whatever write up you have come across that lucidly gives a holistic description?

pre-budget report....

Rachel — Tue, 25 Nov 2008 22:31:05 GMT

any views?

Best x

Right of Silence

Acappella — Tue, 18 Nov 2008 03:09:20 GMT

Hi,
I'm trying to find out whether there are any updates effected or contemplated to Judicial Directions on Sections 34 and 35 of the Criminal Justice & Public Order Act 1994. Please do let me know if there is any. Thanks.

Virtual Courts

RonBarker — Sun, 16 Nov 2008 09:47:46 GMT

Law Society Response - Virtual Courts

Political compass test

sole_sister — Sat, 15 Nov 2008 11:22:53 GMT

That is quite an interesting test, very american though!

http://www.politicalcompass.org/
left-libertarian.

With hope and determination everything is possible

RonBarker — Wed, 12 Nov 2008 14:24:31 GMT

If you do not shed a tear your heart is made of stone

http://www.youtube.com/watch?v=2I0DRk8dFjI

Duty of Care Children Human Rights

RonBarker — Wed, 12 Nov 2008 11:25:30 GMT

My Lords,

5. The world looked on in consternation and amazement in September 2001 as day after day little girls being taken to school by their parents were subjected to a barrage of intimidating clamour, insults, abuse and offensive missiles from by-standers, some of them children themselves, as they walked up the street. The experience was obviously terrifying for the children and made more so by the precautions deemed necessary to enable them to get to school without physical harm. They walked in a group between lines of armoured vehicles and police or service personnel holding riot shields some of them facing the children rather than the aggressors. It is little wonder that their experiences had a marked effect upon their physical and emotional heath. It was the fact that little children could be subjected to such prolonged and very public ill-treatment which horrified the outside world and made it hard for them to understand, not only why the aggressors could think it in any way acceptable to subject the children to such an ordeal, but also why the authorities could allow it to happen. It is because of this that I would like to add just a few words to the opinion of my noble and learned friend, Lord Carswell.

Four-part BBC Documentary - 'The Barristers'

Iolis — Wed, 12 Nov 2008 08:27:56 GMT

A four-part BBC 'fly-on-the-wall' documentary series made with the assistance of the Open University: 'The Barristers' starts transmission Friday 14 November 2008.

Further information here

Equality of division of the available assets

RonBarker — Tue, 11 Nov 2008 10:24:34 GMT

Williams v Thompson Leatherdale (a firm)& Anor EWHC 2574 (QB) (10 November 2008)

On 26 October 2000 the decision of the House of Lords in White v White 1 AC 596 was handed down. Their Lordships held that when making orders for financial provision on divorce under section 25 of the Matrimonial Causes Act 1973 equality of division of the available assets should only be departed from if, and to the extent that, there is good reason for doing so. They disapproved of the approach that had grown up in the courts below whereby a claimant wife's reasonable requirements were treated as a determinative, and limiting, factor on the amount of the award which should be made in her favour. Assessment of financial needs was only one of the several factors to which the court should have regard. Thus in so-called "big money cases," where the value of the available assets exceed the parties' financial needs, a claimant wife might well be entitled to a sum that exceeds her financial needs.

No written contract Loss of profit claim

RonBarker — Tue, 11 Nov 2008 09:22:58 GMT

No written contract Loss of profit claim

Hayes & Anor (t/a Orchard Construction) v Gallant EWHC 2726 (TCC) (10 November 2008)

Freehold Covenants

Acappella — Mon, 10 Nov 2008 04:12:22 GMT

Hi, could you please help. I'm struggling with Land Law, especially on convenants. I have a question with regard to freehold convenants. Text books always say that burden of freehold convenants will only pass if it relates to restrictive convenants, and that the burden will only pass in Equity. But I have not been able to find explanations to the logic for such restrictions. Why only restrictive convenants? Why only in Equity and not at Law? Why only burden and not benefit?

Why? Why? Why? ???

Judges Discretion

befuddled — Sun, 09 Nov 2008 09:08:56 GMT

Hi

hope someone can help. I m looking for examples of judges decisions that use a common sense approach to avoid wider problems rather than sticking to precedent despite it potentially leading to an outcome not intended by policy makers.

For example Ali & Ibrahim v Birmingham City Council EWCA 1228 said 'any other outcome would have far reaching constitutional implications'

and

Riverside HA v White and another UKHL 20 where the Court held that social housing landlords would not be held to the strict construction of the rent review clauses, unlike a commercial lease because of the implications for other social landlords had they come to any other decision

much obliged for any other examples

Bea

no TDS registration

mmaille100 — Sat, 08 Nov 2008 12:44:38 GMT

My landlady has never registered my deposit and has not returned it to me as we are in dispute about a repair in the property. She has blatantly told me to take her to court saying that as she is on income support ( which I doubt)a judge will not allow me to profit from the tenancy. I am not trying to profit but simply trying to get my deposit back. Does anyone know of any cases that have gone to court and the outcome? Also is it possible for an agent/landlord to register a deposit after 14 days or is that illegal?

The criminal justice system in England and Wales time for change?

RonBarker — Fri, 07 Nov 2008 08:11:55 GMT

The criminal justice system in England and Wales time for change?

Lord Judge: Lord Chief Justice, Speech to The University of Hertfordshire 4 November 2008